(Federal Rules of Criminal Procedure, Rule 40) A writ which directs the removal of a prisoner from the district where he is incarcerated to the demanding district. If a hearing is held and it appears from a Magistrate's report or from evidence adduced before the Judge that sufficient cause has been shown for ordering the removal of the defendant, the Judge shall issue a Warrant of Removal to the district where the prosecution is pending. If the prosecution is by indictment, a Warrant of Removal shall issue upon production of a certified copy of the indictment and upon proof that the defendant is the person named in the indictment.
Issued By
A removal warrant may be issued by either a Magistrate or a Judge of the U.S. District Court.
Territorial Limits
A removal warrant may be executed anywhere in the United States.
Execution By
The execution of a removal warrant may be accomplished by a United States Marshal or Deputy US. Marshal.
Manner of Service
Execution is accomplished by transporting the within named to the District Court where charges are pending.
Return
Returns are to be made on the original Warrant of Removal and delivered to the Court where charges are pending.